Juan Carlos Calderon v. B. Holmes, et al.

Summary

The United States District Court for the Eastern District of California denied Juan Carlos Calderon’s motion for reconsideration in a closed civil rights action. The court held that Plaintiff failed to demonstrate extraordinary circumstances or other grounds warranting relief under Federal Rule of Civil Procedure 60(b)(6) from the dismissal without prejudice for failure to pay the filing fee.

Holdings

1. Plaintiff was not entitled to relief under Rule 60(b)(6) because he failed to demonstrate extraordinary circumstances, injury, and circumstances beyond his control that justified reopening the dismissal.
2. Plaintiff was not entitled to reconsideration because he failed to identify altered facts or circumstances that did not previously exist or provide another sufficient ground for reconsideration under Eastern District of California Local Rule 230(j).

Questions Presented

1. Whether Plaintiff demonstrated extraordinary circumstances warranting relief from the dismissal under Federal Rule of Civil Procedure 60(b)(6).
2. Whether Plaintiff satisfied the Eastern District of California's requirements for a motion for reconsideration by identifying new or different facts, circumstances, or other grounds that could not previously have been presented.

Disposition

other